CHAPTER 184

(HB 1108)

First offense driving under the influence mandatory counseling.

         ENTITLED, An Act to  revise certain provisions regarding when and by whom chemical dependency evaluations occur after a conviction of driving while under the influence of drugs or alcohol.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 32-23-2.1 be amended to read as follows:

     32-23-2.1.   Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent or more by weight of alcohol in the person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation by a chemical dependency counselor as defined in §  34-20A-2 or a licensed or certified health care professional with specialized training in chemical dependency evaluation to determine if the defendant is chemically dependent. The cost of such evaluation shall be paid by the defendant. The recommendations of the evaluation shall be provided to the referring judge.

     Signed March 6, 2007

_______________